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AFTER RECORDING,RETURN TO:
Avana Trails,LLC
9675 SE 36th Street, Suite 105
Mercer Island,WA 98040
20160112000284
DMITRIY MAYZLI COV 81.00
PAGE-001 OF 009
01/12/2016 09:53
KING COUNTY, WA
DECLARATION OF COVENANT
Grantor: Avana Trails, LLC, a Washington limited liability company
Grantee: Public
Abbreviated Legal
A portion of the NW/,SE%,Section 29-23-5
Description: Additional legal description in Exhibit A
Tax Parcel Numbers: 2923059022, 2923059023, 2923059168
Reference Numbers of N/A
Related Documents:
PLANNED URBAN DEVELOPMENT COVENANTS
These covenants are recorded in the real property records of King County, Washington,
in partial compliance with the requirements of the Conditions of Approval of the application of
Avana Trails, LLC, a Washington limited liability company, successor to PNW Holdings, LLC (and
formerly known as Fieldbrook Commons, LLC) ("Grantor"), for approval by the City of Renton, a
Municipal Corporation ("Grantee") of a Planned Urban Development ("PUD") under City of
Renton file number LUA12-001. These covenants are recorded in compliance with Renton
Municipal Code ("RMC") 4-9-150G.6 and the Final Decision of the City of Renton Hearing
Examiner dated March 29, 2013.
NOW, THEREFORE, for adequate consideration, receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound, Grantor covenants and agrees to the
conditions and agreements set forth below:
1. Legal Description of PUD Real Property.
The real property (the "Property") that is the subject of the Planned Unit Development
approved under City of Renton file number LUA12-001,and upon which the Planned Unit
Development will be built, is legally described in Exhibit A attached hereto.
2. Description of Planned Unit Development Uses, Densities and Phases.
The PUD consists of 162 multi-family attached dwelling units in 12 buildings with an
associated recreation / leasing office building, constructed in three phases. The final
approved PUD would result in a density of 17.98 du/ac.
3. Specifications of the PUD and Modifications from Renton Municipal Code
Requirements.
Please see Table A in Exhibit B attached hereto.
4. Covenant Regarding PUD of Current Zone Compliance.
The lots or structures affected by the code modifications described on Table A shall meet
the standard created with the approval of the PUD or current zone in affect at the time
of subsequent land use, building or construction permits.
5. Formation of Property Owner's Association Prior to Sale.
The Property is currently solely owned by Avana Trails, LLC, a Washington limited liability
company. Prior to any subsequent sale of the Property, or any portion thereof, to an
ownership group comprised of more than one party, a legally incorporated property
owner's association must be formed for the owners of the Property.
6. Covenants Run With the Land.
The covenants contained in this Planned Urban Development Covenants shall be
covenants running with the land,and shall be binding on the successors, heirs,and assigns
of the party(ies) hereto.
IN WITNESS WHEREOF, Declarant has executed this Covenant as of the date set forth above.
Avana Trails, LLC
By:
Name: Mi ael Gladstein
Its: Manager
STATE OF WASHINGTON
)ss.
COUNTY OF KING
OnYt112- , 2016, before me personally appeared
miCA-Nae,1 G\aa51 ,‘-‘,to me known to be the Manager of Avana Trails, LLC,the limited
liability company that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said company,for the uses and purposes
therein mentioned, and on oath stated that he/she was authorized to execute said instrument
on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Signature: eJ.MLL1 f citQ 'A4_(._
.��EY PA, IIId
G, v' ""uhZe�. ! Name (Print): 11n\
'ip '` t% NOTARY PUBLIC in and for the State
N ,�." ` ' _% of Washington, residing at e ‘ 4
aB�at.% s a. . My appointment expires: "f` 7/,2
�r
08 1 O
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EXHIBIT A
LEGAL DESCRIPTION OF PUD PROPERTY
PARCEL A:
THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 100 FEET OF THE WEST 230 FEET THEREOF, AS CONVEYED TO THE
CITY OF RENTON BY DEED RECORDED DECEMBER 27, 1979 UNDER KING COUNTY
RECORDING NO. 7912270174;
AND EXCEPT THAT PORTION THEREOF, LYING WITHIN THE 60 FOOT WIDE RIGHT OF WAY
FOR SECONDARY STATE HIGHWAY NO. 5C (FORMERLY KNOWN AS THE JOHN F. BENSON
ROAD), AS ESTABLISHED BY ORDER FILED MARCH 19, 1912 UNDER VOLUME 16 OF THE
KING COUNTY COMMISSIONER'S RECORDS, PAGE 592;
AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED MAY 14,
1999 UNDER RECORDING NO. 9905141847.
AND EXCEPT THAT PORTION CONVEYED TO RICHARD R. NIEMI, SYDNEY J. NIEME,
DARLENE R. BJORNSTAD AND THE DARLENE R. BJORNSTAD TRUST BY JUDGEMENTS
RECORDED APRIL 19, 2012 AND JUNE 8, 2012 UNDER RECORDING NOS. 20120419000630
AND 20120608001092 AND 20120608001093 AND DEED RECORDED MAY 29, 2012
UNDER RECORDING 20120529000485.
PARCEL B:
THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29,TOWNSHIP
23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 30 FEET FOR HIGHWAY.
PARCEL C:
THE NORTH QUARTER OF THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23
NORTH, RANGE 5 EAST,W.M., IN KING COUNTY, WASHINGTON.
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EXHIBIT B
TABLE A.
REQUESTED MODIFICATIONS FROM RENTON MUNICIPAL CODE (RMC)
RMC# Required per RMC Requested Modification
RMC 4-2-110A: No more than six (6) dwelling To provide buildings with up
Maximum Number of Units units per building. to seventeen (17) units per
per Building building as detailed in the
attached Building
Information Table (Table B.)
RMC 4-2-110A: Residential and Civic Uses: 30 To allow up to a maximum
Maximum Building Height, ft. height of 36 feet and 9-1/4
except for uses having a inches in height as detailed in
"Public Suffix" (P) designation the attached Building
and public water facilities Information Table (Table B.)
RMC 4-6-060F.2: Frontage improvements on Frontage of 108th Ave. SE to
Minimum Design Standards 108th Ave SE shall include 8' include a 5'sidewalk and an 8'
for Public Streets and Alleys sidewalks and 8' planter strips planter strip.
per the current code.
Frontage improvements on SE
172nd St shall include 32 feet
of pavement from the south
to the north and then an 8'
planter strip and (working to
the north) a 5' sidewalk.
RMC 4-4-080F.10.e Attached dwellings in RM-U, The applicant has proposed to
Parking Spaces Required RM-T, RM-F, R-14 and R-10 provide 56 one bedroom
Based on Land Use Zones: A minimum and units, 88 two bedroom units,
maximum of 1.6 spaces per 3 and 18 three bedroom units,
bedroom or large dwelling resulting in a requirement to
unit; 1.4 spaces per 2 provide 208 parking stalls.
bedroom dwelling unit; and Request is to provide 200
1.0 spaces per 1 bedroom parking stalls.
dwelling unit is required.
RMC 4-4-070H.4. Such landscaping shall be at Perimeter Parking Lot
Perimeter Parking Lot least ten feet (10') in width as Landscaping to be approved
Landscaping measured from the street as proposed in the provided
right-of-way. Standards for Final Approved Landscaping
planting shall be as follows: Plans, dated April 7, 2104,
under City of Renton File No.
a. Trees shall be two inches LUA12-001.
(2") in diameter at breast
height (dbh) for multifamily,
commercial, and industrial
uses at an average minimum
rate of one tree per thirty(30)
lineal feet of street frontage.
b. Shrubs at the minimum
rate of one per twenty (20)
square feet of landscaped
area. Up to fifty percent(50%)
of shrubs may be deciduous.
c. Ground Cover in sufficient
quantities to provide at least
ninety percent (90%)
coverage of the landscaped
areas within three (3)years of
installation.
RMC 4-2-115F.2 Standards for Common Open Raised beds 4 ft. x 8 ft. and a
Open Space Space: Pea-patches shall be at fence height of 6 ft. 10 in.
least one thousand (1,000)
square feet in size with
individual plots that measure
ten feet by ten feet(10'x 10').
Additionally, the pea-patch
shall include a tool shed and
common area space for
compost bins. Water shall be
provided to the pea-patch.
Fencing that meets the
standards for front yard
fencing shall surround the
pea-patch with a one foot (1')
landscaped area on the
outside of the fence.This area
is to be landscaped with
flowers, plants and/or shrubs.
EXHIBIT B
TABLE B.
BLDG. # Total Footprint Total Area BLDG. Height Total Units
A 5,152 10,251 27'—2 1/4" 9
B 7,002 16,098 30'—81/4" 14
C 5,955 14,050 32' -3 3/8" 13
D 5,955 14,050 28'—4 1/4" 13
E 7,002 16,098 28'—8 3/8" 14
G 5,955 14,050 23'—11 1/8" 13
H 5,955 14,050 27'—0 3/8" 13
J 5,955 18,507 31'—8 3/8" 17
K 5,152 15,345 33'—7 3/8" 14
L 5,152 15,345 36'—91/4" 14
M 5,152 15,345 34'—10" 14
N 5,152 15,345 34'—11 X" 14
Recreation Bldg. 2,400 2,400 19'—3 7/8" N/A